The Transaction Of Homestead Right Of Use Under The Ackground Of Urban And Rural Areas

Balancing urban and rural development is a kind of means to make the city andcountryside integration, under this background, rural residential land use right system makesits limitations, and cannot solve social problems. Our country law restricted the circulation ofthe right of use Homestead Land, and a lot of problems about the right of use HomesteadLand appear in the social reality. In order to solve this problem, each district begins to explorethe system of homestead right of use, which effectively solve some social problems when ithas also brought new problems. So I systematically clarify and organize the basic theoreticalproblems, and express the feasibility of the circulation of right of use Homestead Land on theground of its function and necessity. At the same time I use Chongqing and Chengdu asrepresentatives to introduce some local land right use system and innovation practice, andprovide a theoretical support for legislation of the right of use homestead on the basis ofcriticism. It is a gradual process to reform the right system of use Homestead Land, and wecan not act with undue haste.This paper, except the introduction and conclusion, is divided into four parts:In the first part some basic issues are discussed. I redefine related concepts about theright of use homestead, Introduces the concrete connotation of balancing urban and ruraldevelopment, point out the homestead right of use system in the various stages, discusstheoretical problems of the right of use homestead, and point out that in the urban and ruralbackground allows the necessity of land use right transfer, and emphatically from thehomestead right of use theory requirements, the unified legal system needs, in the process ofurban and rural areas and the practical needs of the three demonstrates the homestead right ofuse to allow the inevitability of circulation.In the second part Land use right transfer of troubles and causes for the systematicintroduction. Firstly I introduce in the urban and rural homestead right of use transfer underthe background of the problem. The current law is not rational, invisible market, where thepresence of idle and amphibious covers an area of both rural and urban areas, it is difficult toanalyze the coordinated development, so we have an overall and detailed understanding;Secondly, this paper introduces the background of the urban and rural land use rights transferthe cause of the trouble, which mainly includes: legislative attitude conservative and lack oflegislative technology, the task of social welfare nature, the economic interests of the drive, the traditional local complex.In the third part under the background of urban and rural land use rights transfer to amore profound search. First of all from the circulation of the main body of the usufructcirculation mode has made the detailed introduction, namely homestead right of use to peopleleading circulation way, the rural collective economic organizations dominated flow, thegovernment leading flow pattern. And then it introduces the background of urban and ruralland use rights transfer controversy, basically have the free circulation of said, restrict andprohibit circulation flow said three categories, and introduce the current law of rural andurban areas and the government attitude change, enabled us to the homestead right of usefrom the theory and reality had a more comprehensive understanding. Finally on the basis ofthe introduction of rural and urban areas experimental area homestead right of use transfermodel, including Chongqing mode and Chengdu mode, the more detailed introduction andanalysis, for our future homestead right of use to the reform of the circulation system providesa good material.In the fourth part through the above content summed up in the urban and rural land userights transfer system under the background of the perfect measures, but in this system shallbe perfectly balance the interests of all striving for the best social effect, so we need to adhereto the corresponding principle, adhere to the principle of prudence, give priority to efficiencywith due consideration to fairness and safety principle, and intensive land use and protectionof cultivated land in principle, based on reality and actual principle. Then based on this makecorresponding specific measures, including: standard homestead right of use to obtain theoriginal behavior, regulating the homestead right of use circulation link, perfect our country’surban and rural integration of social security system, promoting the reform of householdregistration system. Aims to promote the circulation system of the right to use land in urbanand rural areas, under the background we reform perfectly.In short, the innovation of this paper lies in rural and urban areas based on thebackground of the need of reality, carries on the homestead right of use to deep, explores thecomprehensive consideration of the theory and practical needs, requirements on urban andrural area land circulation system of the right to use the achievements of the reform, balancethe interests of all parties to put forward my urban and rural circulation system of the right touse house sites under the background of the reform of the perfect place. I hope that it workson the future of the reform of the circulation system of the homestead right of use.